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Asking direct question (cross examination) in the Comparative Law and the Turkish Law

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2008
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Abstract (EN)

Direct examination and cross examination method which is actually a product of the Anglo ? American Law is a developed interrogation technique and instrument to obtain evidence. But in the last years with the influence of the globalisation, the law systems have approached more each other and have commenced to be mutually concordant. In this context The Turkish Law System has also entered in a new change process.In our country, with the great change activities made in the Criminal and Criminal Procedure Law, an arrangement under the title ?Asking Direct Question?, which is partly a reflection of the Anglo ? American system, is regulated in the article 201 of the new Criminal Procedure Code. On the other hand, some rules about exposing and discussing the evidence have taken part in the articles 215 and 216 of the Code.The applications regulated in the articles 201, 215 and 216 of the Criminal Procedure Code are not direct examination and cross examination method which is special to the jury system of the Anglo ? American Law. They are just the right and possibility to ask direct questions. In these articles, there are no ?examination? or asking ?direct? or ?cross? questions in a certain rank and order. Therefore, it will be appropriate to comment the activity of asking direct questions arranged in the article 201 of the Criminal Procedure Code, as a criminal procedure transaction which is serving to the fair trial principle and partly as a reflection of the Anglo ? American system.

Author

Ahmet Emrah Akyazan

How to Cite

Ahmet Emrah Akyazan (Master Thesis). Asking direct question (cross examination) in the Comparative Law and the Turkish Law, 2008, Gazi University.

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